- 4 - Federal income tax purposes at all relevant times. MMS was in the business of manufacturing mobile and modular medical diagnostic facilities. Shortly after its creation, MMS established a relationship with Huntington National Bank (Huntington) to obtain financing for its business activities. Huntington's loans to MMS were initially on a short-term, "per project" basis; i.e., funds were lent on the basis of the contracts MMS obtained for the construction of diagnostic facilities, to be repaid upon the completion of construction when MMS was paid. MMS experienced losses from its inception in 1988 through 1994. In February 1992, petitioner obtained four outside investors in MMS: George F. Rapp, James D. Rapp, John G. Rapp, and Gary L. Light (the Rapp Group). The Rapp Group made capital contributions to MMS of $800,000 in the aggregate in exchange for approximately 15 percent of MMS’s stock. As a condition for the Rapp Group's investment, MMS was obligated to secure a commitment for a $1 million line of credit. MMS did so through Huntington, which extended a $1 million revolving line of credit to MMS on March 31, 1992 (the MMS/Huntington Loan3). 3 The parties to the MMS/Huntington Loan executed a loan agreement, security agreement, and promissory note. Except as otherwise indicated, reference to the MMS/Huntington Loan encompasses all three of the foregoing documents.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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